Questions about upskirting answered in the UK ABV Solicitors Over the last few years in the UK, there has been an emphasis on reducing the incidence of sexual assault and other types of unwanted sexual advances. And, as unpalatable as it sounds, it is only in recent times that the act of upskirting has been considered illegal. This means that if you or someone you know has been accused of performing this act, you will need to seek the advice of a sexual offence solicitor as soon as possible to defend yourself. But, if the first thing you heard about upskirting was when you were accused of it, you may have some questions about it; so here, a sexual offence solicitor aims to answer some of the most frequently searched questions about upskirting, so read on to learn more. What is upskirting? Up skirting is when someone takes a photograph or video under someone's clothing without their consent, with the intention of viewing their genitals or underwear. Usually, this occurs on trains and other forms of public transport and is usually performed with a smartphone. If you have been accused of up skirting, you will need to contact a sexual offence solicitor for representation. Is upskirting illegal in the UK? Yes, upskirting was made illegal in the UK in 2019. It is now a specific criminal offence under the Voyeurism (Offences) Act 2019. If you are accused of upskirting someone, you should seek the advice of a sexual offence solicitor even if the accusation is false, as the charge carries serious consequences. What are the penalties for upskirting in the UK? Under the Voyeurism (Offences) Act 2019, the maximum penalty for upskirting is two years in prison. However, the sentence can be longer in more serious cases or if the offender has previous convictions for committing similar acts, such as sexual assault. Either way, be sure to contact a sexual offence solicitor if you have concerns that you are going to be arrested for this act. Can upskirting be prosecuted as a sexual offence in the UK? Yes, upskirting can be prosecuted as a sexual offence in the UK. It is classified as a "voyeurism offence," which means that it is an offence related to the observation or recording of another person's private activities without their consent. In essence, it is a modern version of being a 'peeping Tom' and will be treated with the same severity. What are the defences against upskirting? There are no specific defences listed in the Voyeurism (Offences) Act 2019 for the offence of upskirting. However, it is possible that a defendant may raise a defence of accidental or unintentional filming or photography, or a defence based on a lack of intent to observe or record the victim's private activities without their consent. So, if you accidentally took a photo on your phone when you were on public transport and can prove this beyond a reasonable doubt, you cannot be arrested or charged for up skirting. Remember, it is important to ensure that if you are accused of up skirting, you take this accusation seriously and seek the advice of a sexual offence solicitor as soon as you can. https://www.abvsolicitors.co.uk/services/sexual-offence-solicitor/ https://www.gov.uk/government/news/upskirting-know-your-rights https://www.cps.gov.uk/cps/news/upskirting-public-urged-report-offenders-prosecutions-double